Many people consider mediation or other dispute resolution processes as a way to resolve family law matters without going to Court.

While reaching an agreement outside the courtroom can often be a positive outcome, it is important to understand your legal rights and options before making decisions that may affect your future.

Why Obtain Legal Advice Before Dispute Resolution?

Before participating in mediation, Family Dispute Resolution (FDR), arbitration or settlement negotiations, you should consider obtaining advice from an experienced family lawyer.

A lawyer can help you:

• understand your legal rights and responsibilities;
• identify the important issues in dispute;
• assess the strengths and weaknesses of your position;
• understand the likely outcome if the matter proceeded to Court;
• determine whether mediation or another dispute resolution process is appropriate; and
• prepare a negotiation strategy that protects your interests.

Having a clear understanding of your legal position can help you participate in dispute resolution confidently and make informed decisions.

Do I Need a Lawyer at Mediation?

Whether you have a lawyer attend mediation with you depends on your circumstances.

In some matters, clients benefit from having a lawyer present to:

• provide legal advice during negotiations;
• assist with evaluating proposed outcomes;
• help ensure any agreement reached properly protects their interests; and
• assist with documenting the outcome.

In other situations, clients may choose a more limited form of legal assistance, such as obtaining advice before mediation or having documents reviewed.

At Mathews Family Law & Mediation Specialists, we offer flexible options including full representation and unbundled family law services, allowing clients to access the level of legal support that best suits their needs.

Is Dispute Resolution Always Appropriate?

While dispute resolution is encouraged in many family law matters, it is not suitable for every situation.

An experienced family lawyer can advise whether negotiation, mediation, Family Dispute Resolution, arbitration or Court proceedings are the most appropriate pathway in your circumstances.

Factors that may affect the suitability of dispute resolution include:

• family violence or safety concerns;
• significant power imbalances between parties;
• urgency;
• complexity of financial matters; or
• the willingness of each person to negotiate constructively.

Family Law Mediation and Dispute Resolution Specialists Melbourne

Mathews Family Law & Mediation Specialists assists clients throughout Australia with negotiation, mediation, Family Dispute Resolution and complex family law matters.

Our Accredited Family Law Specialists and Mediators combine specialist legal knowledge with dispute resolution expertise to help clients work towards practical and sustainable outcomes.

Contact our team to arrange a consultation about your family law matter.

About Vanessa Mathews — Accredited Family Law Specialist

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

You’ve Tried Everything – Is it Time for Family Court?

While many married or de facto couples terminating their relationship try to work things out amicably, it can be tough.  Here’s this person you thought you’d spend the rest of your life with, and now you don’t even want to sit next to them at the same table.  But it’s almost always best to avoid court, at least in the beginning.  We recommend trying a number of alternatives, before going to Family Court:

Work it out on your own

Sit down and talk to each other.  This can save both of you time and money.   And being able to work things out at such a difficult time in your relationship bodes well for the future, demonstrating that despite the breakdown, you can work together for what’s best for everyone.

Family Dispute Resolution 

Many couples start with family dispute resolution.   Trained practitioners in the field of family disputes, with additional training in law, social work and psychology work with a separating couple to help them through the process.   This is generally used when children are involved.

Mediation 

Mediation is led by a trained, objective person whose role is to help each of you define the issues at hand, manage the discussion and come up with solutions.  The mediator is interested in resolving the problem in the best way possible for everyone involved.  The mediator does not judge or make a final decision but will help you come to your own resolution.

Collaborative Divorce 

Collaborative divorce is similar to mediation but each side also has a lawyer and often a social worker or counsellor and a financial advisor are involved.  Together all sides work together to help both of you come up with a solution that works for everyone.  Among the incentives to make this approach work: if negotiations fail, neither sides’ lawyer can represent them in court.

When is it time to throw in the towel and go to Family Court?

Sometimes though, Family Court may really be the right way to go.  Here are some factors to consider when making the choice whether to continue (or start) alternative approaches or go to Family Court.

Imbalance of Power

If your partner is abusive or domineering or makes more money or controls the finances in the family, this may put you in a much weaker position if you are trying to work it out by yourselves.  While some neutral third parties like a mediator have experience handling these types of people, you still might find yourself stuck and unable to move forward.

Your Partner has an Aggressive Lawyer

Even the most well-meaning of people can fall under the spell of a tough lawyer.   If they are working towards “getting even” rather than being fair, it’s probably time to go to Family Court and let a judge decide.

Your Partner does not Communicate

Each side has to be willing to talk about the issues at hand, express their needs and wants and listen to the other side.  You can’t really work out a problem with someone who refuses to show up to meetings or won’t express what they want  or won’t agree to anything,  If this describes your partner – repeatedly – it may be necessary to find a good lawyer and turn to the Family Court.

Vanessa Mathews is an accredited family law specialist, and the family law attorneys at Mathews Family Law have the expertise and experience to provide you with the separation and divorce legal advice you are looking for. Speak with one of our specialist solicitors today about your family law property matter or family law parenting matter.

Contact Mathews Family Law & Mediation Specialists, Accredited Family Law Specialist, Level 2, 599 Malvern Road, Toorak, Victoria, phone 1300 635 529, [email protected]

Mathews Family Law: https://mathewsfamilylaw.com.au

Family Court of Australia: http://www.familycourt.gov.au

Federal Circuit Court of Australia: http://federalcircuitcourt.gov.au

Unless your case involves family violence, child abuse or is urgent, family dispute resolution is required before court proceedings about children can commence.

The Court will usually appoint a family consultant to assist and advise parties.

The Court must consider the needs of the child and the impact of the proceedings on the child. The Court must conduct the proceedings so that the child is safeguarded from family violence and abuse. The proceedings should intend to promote cooperative and child focused parenting and should avoid delay and formality.

Arbitration is a form of dispute resolution where parties (or their lawyers) will present arguments to a chosen arbitrator who will make a determination to resolve the dispute. This type of dispute resolution is available to parties who are disputing financial matters, such as spousal support, property settlement, and financial agreements. Arbitration is not, however, an appropriate venue to settle disputes related to children.

Arbitration is almost like a hybrid of court proceedings and mediation. It is similar to mediation in that it is an out of court settlement method, however it differs from mediation in that in mediation the parties work to reach their own agreement. There are some advantages to choosing arbitration as a means to settle a financial dispute. For instance, this process allows the parties to retain much more control and it is more flexible than going to court. You get to choose the arbitrator, who is the ultimate decision maker, and it is also quicker and less expensive than the court process.

Arbitration can be especially appealing to those who have disputes about both children and financial matters. For these parties, they can address parenting issues through mandatory family dispute resolution and subsequently arbitrate their financial dispute without delay.

The short answer is no – what is discussed in family dispute resolution may not be used against you in court.

First, what is said during this process is protected by rules regarding confidentiality. Statements that you offer to a family dispute resolution practitioner, or to your lawyer in front of a family dispute resolution practitioner are protected. Such a practitioner can only disclose statements made during a previous family dispute resolution session in a limited number of circumstances. For instance, if the practitioner reasonably believes disclosure is necessary to protect a child from harm or to report or prevent damage to property they may disclose statements indicating such.

While rules of confidentiality are implicated, you should also know statements made in a family dispute resolution are also inadmissible in court proceedings. While there are a few narrow exceptions to this rule, you should be aware that statements made during a dispute resolution session are generally not admissible in court.